Issuance
of a Summary Judgment
The process of
issuance of a summary judgment gives homeowners a chance to challenge their
lenders’ filed cases. It is extremely essential to have the defendant respond
to the legal notice within twenty days, after which he or she will be
considered to have defaulted. On the material day, the defendant will be able
to present substantial material to the presiding judge, who will make a decision
on whether to grant or halt foreclosure activities by the lenders. In a
situation where homeowners ignore a foreclosure notice, they are risking their
home ownership rights. Therefore, it is important for the defendant to attend a
foreclosure case even if one is negotiating with a bank for a loan
modification. It will form the legal grounds for a further lawsuit by the
lender where a case is decided. Issues of fairness in a summary judgment allow
the homeowner to present his or her documents to challenge the complainant’s
claims (Conton, Kirsch, and Vernon 21). If the plaintiff, through a lawyer, is
in a position to successfully respond to the claims, the foreclosure summary
judgment will not be granted, thus solving the problem.
In addition, a
summary judgment is meant to filter the unnecessary claims and at the same time
dismiss improper deliberations by the parties. It is a fact-finding mission to
determine the legality issues surrounding the liability in question. In a case
where the complainant’s managerial skills and competence in executing his
liability is inadequately presented, a judge will be hesitant to grant a
summary judgment. This opens more room for further foreclosure hearings or in
some circumstances leads to a court trial. This is an effective and efficient way
of dealing with numerous claims that may not have legal grounds for a trial
process, and hence a fair way of solving a foreclosure stalemate. On the other
hand, if a summary judgment is granted, the lender will seize the plaintiff’s
house, where a date is set for sale, or a further formal trial may proceed.
This
Process Fairly Balances the Rights of the Borrower against the Need for
Judicial Economy, Given the Vast Amounts of Cases That Are Pending
Judicial economy
is one of the most important aspects to look at when undertaking foreclosure case
ordeals. This is because of the fact that the endeavor is too expensive
depending on the number of cases to be presided over. Therefore, the presiding
judge balances the rights of the borrower by giving him or her chances to submit
extra documents to be used in challenging the case before summary judgment. The
process is fair in the sense that the judge has to listen to respondents’
argument despite limited resources and time. However, in cases where the
borrower is not present, judgment is made instantly, with the lender being
given the right to seize the house. Furthermore, judgment is made on the case
depending on the facts in the material submitted as evidence for the case. This
means that the court economizes on time and resources that would otherwise apply
to file a case set for trial in a court of law.
A borrower is
issued with a lawsuit notice against him or her by the lender before a foreclosure
case is set for hearing. The borrower adequately prepares his or her evidence
to be applied in the judgment. This means that a judge uses the facts to come
up with a formidable judgment. An example is where senior judge Horace Andrews presided
over a foreclosure case by the Citibank mortgage against a St. Petersburg homeowner (Hundley 3).
Lawyers from both sides were put on a speakerphone to battle out their clients’
case. Some facts were discovered in the process, and hence, the summary judgment
was not granted.
Works
Cited
Conton, Walter J, Linda M. Kirsch, and William
S. Vernon. Legal Issues in Real
Estate Foreclosure. Eau Claire: National Business Institute, 2009.
Print.
Hundley, Kris. “Judge Stays Calm in
Foreclosure Chaos.” St.
Peters burg Times[Florida] 26 Nov. 2010: 3. Print.
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